davidgibb88

Hi Guys,

I entered the states on a K1 visa in February 07 and married pretty much straight away. Applied for our Work permit and AOS. After it had been over 3 months waiting for work permit made an infopass app and was told we had missed the $70 for Biometrics fee, paid them the $70 and got another Biometrics done. Was told at a subsequent Infopass that fingerprints had cleared. Got an email this morning saying my AOS has been denied as well as my work permit application and a reason would be sent via snail mail.

Anybody have any clue on why this could have happened or know anybody it has happened too.

Thanks, a desperate Brit

ian-mstm

I'm guessing the AOS was denied because it was incomplete and somehow the $70 biometrics fee and subsequent prints were not correctly matched to your file. The EAD was likely denied as a direct result of the AOS denial. It would seem that you're currently out of status in the US and removable.

I believe it's time to hire an immigration attorney with experience in AOS denials. The easiest solution, of course, is to simply reapply! Once the new application is accepted, you're back in status again... however expensive that might be.

Ian

meauxna

Or, to find out what really happened and file a Motion to Reopen.

OP, you can wait for the letter and see what they have to say, but I wonder if, in addition to the biometrics problem, you were sent a Request for Evidence that you didn't get, you didn't respond to, and that caused your denial.

It is probably easiest to get a lawyer to help fix the error.

davidgibb88

Thanks for the answers guys, I will have to wait for the reason I guess. Do you know how successful a motion to re-open is. Might just have to bite the bullet and pay loads of money for both lawyer and new application!

Man I hate the US government right now

Noorah101

Do a search on this forum for posts by "grouchy". She succesfully filed a motion to re-open some time ago.

Rene

Eric S.

Another somewhat common reason for AOS denial is missing the AOS interview.
It happens when people don't receive the interview notice for some reason.
Either it gets lost in the mail or they've moved and it went to their old
address. You haven't moved by any chance have you?

I think people generally go for the Motion to Reopen in the case of missed
AOS interview. As others have said, it may be time for a lawyer. I don't
know how easy it is to do MTR yourself.

- Eric S.


"davidgibb88" <[email protected]> wrote in message
news:[email protected] m...
>
>> Or, to find out what really happened and file a Motion to Reopen.
>>
>> OP, you can wait for the letter and see what they have to say, but I
>> wonder if, in addition to the biometrics problem, you were sent a
>> Request for Evidence that you didn't get, you didn't respond to, and
>> that caused your denial.
>>
>> It is probably easiest to get a lawyer to help fix the error.
>
> Thanks for the answers guys, I will have to wait for the reason I guess.
> Do you know how successful a motion to re-open is. Might just have to
> bite the bullet and pay loads of money for both lawyer and new
> application!
>
> Man I hate the US government right now
>
> --

davidgibb88

Hello Eric,

We haven't moved, we recieved NOA1 for Work permit and Bio appointment for permit but no receipt for AOS, called them to query this and they said they had sent me one but I never got it! I am going to get an immigration lawyer onto it as I can't see this being anything I have done!

Fingers crossed and I will keep everyone updated. Still if you have any info let me know!

WesF

I posted here a few months ago with the same exact situation. And I will tell you where my wife and I went for others to know what to do next. Ive already replied to David in detail ..this is for those in the forums.

Ok my situation the short version. I married my wife who is foreign and came here legally. We applied for a Greencard... I missed the damn biometrics fee payment time line. I did try to ask for a re opening which costs exactly as much as refilling another application by the way.

here is what happend after I had a denial of my applicatoin: I got a lawyer that schooled me on the process in and out.

First things first: Re apply from scratch. Forget re opening ..the cost is nearly the same and the time it takes for a reply is 3 months or longer which you dont have that amount of time really cause you take risk of being on a deportation order which you will see an immigration judge...and telling him your story...hes going to say "Re File" but this time the court will follow you through the steps...you dont want this...its costly.

Re File your application, Get a lawyer to do all the paperwork and money tracking for peace of mind or do it yourself...i suggest get the lawyer.

What will refiling the applicatoin do? It will reset the process ...put the foreign spouse (you) back into a quasi status in the usa (literally words from my lawyer). The process will start all over and re filling will nullify all of the applications you did up to this point.

There is no point in applying for a I-131 travel permit or even a work permit as your case is pending...dont waste the money. Just get the green card process going again and dont miss payments.

the only thing different second time around is your medical exam is still good for 15 months. Get a sealed copy from the same DR who did the first exam when they ask for another medical exam.. This will save you money also.

Now that you restarted the application process just follow everything the letters tell you to do. Dont miss a single sentence on those letters. READ IT ALL.... that is how you got into this mess ...I did the same thing. I didnt read the bottom part of the letter stating send us a bio metrics fee.

THEY WILL NOT SEND PAYMENT REMINDERS....if you dont pay in the allotted time... you will have a Case Denial...and they will only open if you can prove they sent the letter to the wrong address or something...they gave me 3 reasons in my letter of denial on how to reopen.

Don't waste your time on the Re opening letter ...I tried it also... it took 3 months to get a reply and sitting around waiting on that only puts you closer for this case to be sent to your local Immigration office to then go to a Immigration judge....then having to explain your mistake and having to refile anyway with a judge on your back with more fees to boot. That is an ugly path and I didnt take that chance.

My case: We are now on our last step ..the interview. My advise to all on interview...you may not get a nice interiewer...you may... Prepare for an asshole just in case. Get many pictures of yourself and your spouse together...have yourself on bank statements,bills, and other letters to show you are living together. These things will make the interview process much better for you...thats from my second attorney ( yes I have 2)

off topic but crazy situation: Durring my second application ...things were going great... my first lawyer died suddenly from a heart attack...I had to get a new lawyer to take over... talk about crazyness.

Ray

Your nickname is not Lucky then ....

WesF

Yah..I feel bad for the lawyer who died. He was very kind old guy. Never asked for any money up front. And always had time to arrange a appointment to talk.

He only charged 1k from re application to interview to. App fees I had to pay later but he took care of all the paperwork and money needed for fees.

really kind and good lawyer. To think he had about 100 cases open when he died to and he gave immigrants a break and gave them easy going payment plans.

R.I.P. David Minikel you were a kind lawyer ...